The Regular Meeting of the Mayor and Council of the Borough of Madison was held on the 10^th day of September 2007. Mayor Kerkeslager called the meeting to order at 7:00 p.m. in the Committee Room of the Hartley Dodge Memorial, Kings Road, in the Borough of Madison.

Statement in Compliance with the Open Public Meetings Act
The Borough Clerk read the statement pursuant to the Open Public Meetings Act:

"In compliance with the Open Public Meetings Act, adequate notice of this meeting of the Council was provided by publishing a copy of the meeting notice in the Madison Eagle and Morris County Daily Record, posting a copy on the bulletin board at the main entrance of the Hartley Dodge Memorial, and filing a copy in the office of the Clerk, all on January 4, 2007. Copies of said Notice were made available to members of the general public."

Roll Call
The Borough Clerk called the roll and the following acknowledged their presence:

Mayor Ellwood R. Kerkeslager

Council Members:

Mary-Anna Holden
Astri J. Baillie
Donald J. Bowen
Carmela Vitale

John M. Elias

Robert H. Conley

Also Present:

Joseph Mezzacca, Jr., Borough Attorney

Marilyn Schaefer, Borough Clerk

Raymond M. Codey, Acting Administrator

One Contract Matter was removed from the Executive Agenda and will be carried to the September 24, 2007 meeting. One Contract Matter was added to the Executive Agenda.

Mr. Elias moved:

RESOLVED, that the meeting be adjourned to an Executive Session to consider the following matters:

EXECUTIVE SESSION MINUTES (1)

Date of public disclosure 60 days after conclusion, if disclosure required.

PERSONNEL MATTERS (3)

Date of public disclosure 90 days after conclusion, if disclosure required.

CONTRACT MATTERS (9)

Date of public disclosure 60 days after conclusion, if disclosure required.

Seconded: Ms. Baillie

Vote: Unanimous voice vote

Reconvene in Council Chamber
Mayor Ellwood R. Kerkeslager reconvened the Regular Meeting at 7:50 p.m. in the Council Chamber with all members present. The Pledge of Allegiance was recited by all.

Mrs. Vitale moved approval of the Regular Meeting Minutes of August 27, 2007, with the following amendment to discussion #4 on Visualization Software:

………..the Downtown Development Commission (DDC) has offered to fund Phase 1 the purchase in the amount of $11,000.00.

Ms. Baillie seconded the motion, which passed with the following roll call vote recorded:

Yeas: Ms. Baillie, Mr. Bowen, Mrs. Vitale, Mr. Elias

Nays: None

Abstain: Mrs. Holden, Mr. Conley

Mrs. Vitale moved approval of the Minutes of the Public Session of the Special Executive Meeting of September 4, 2007. Mr. Bowen seconded the motion, which passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Mr. Bowen, Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Abstain: Ms. Baillie

Ms. Baillie moved approval of the Executive Minutes of August 27, 2007. Mrs. Vitale seconded the motion, which passed by voice vote with Mrs. Holden and Mr. Conley abstaining.

Mrs. Vitale moved approval of the Special Executive Minutes of September 4, 2007. Mr. Elias seconded the motion, which passed by voice vote with Ms. Baillie abstaining.

Mayor Kerkeslager made the following comments:

Recognition

Mayor Kerkeslager gave recognition to Madison residents and former Madison residents who were killed during the September 11, 2001 attack on the World Trade Center in New York. Every year Morris County holds a major September 11^th ceremony and remembrance; this occurred last evening and it was very well attended; the County remembers by name everyone from Morris County who was killed in the attack on September 11^th. The County is continuing to move forward and hopefully before next year’s ceremony, the ability will be expanded to recognize everyone who was killed on that day in 2001; the mechanism for doing that is being funded by private donations. Mayor Kerkeslager encouraged everyone to keep track of ceremonies announced in the Daily Record and Star-Ledger. The Mayor focused on recognizing the individuals from Madison who were killed; those who have visited Madison’s memorial lately know there is a plaque which was dedicated in May 2002; the memorial was dedicated by the Borough of Madison in eternal memory to the Madisonians who lost their lives due to the acts of terrorism against our nation on September 11, 2001:

Mayor Kerkeslager asked all present to join in a moment of silence in recognition of Madison victims, Morris County victims and all the victims of the World Trade Center disaster. (For background on Madison victims, see minutes from tribute of September 11, 2006.)

Mayor Kerkeslager read and presented to Dr. James Hollenbach the following Proclamation:

WHEREAS, the health and well-being of children is our responsibility; and

WHEREAS, the safety of our children is a significant concern for parents, community leaders and health caregivers; and

WHEREAS, environmental welfare is of universal concern and deserves the utmost attention; and

WHEREAS, if started in childhood, proper health, safety and environmental habits can be maintained for a lifetime, producing a valued member of society and enhancing our community;

NOW, THEREFORE, I, Ellwood R. Kerkeslager, Mayor of the Borough of Madison, do hereby proclaim September 22, 2007 as KIDS DAY AMERICA/INTERNATIONAL™ in Madison, New Jersey. I urge that this day be dedicated to the efforts of Doctors of Chiropractic services in helping to educate all citizens on the importance of health, safety and environmental issues affecting our youth and our community.

_______________________________________

Ellwood R. Kerkeslager, Mayor

September 10, 2007

Marigliano has produced a version of their monthly magazine featuring all of the things that happened while Mayor Kerkeslager visited Marigliano; they gave a few copies of the magazine entitled "Follow Me Marigliano", which gives information, culture, curiosities, events, statistics, and is a city guide for work and free time in Marigliano. A special feature in the magazine is entitled "The Event – Marigliano-Madison, Special File for USA". A copy will be on file in the Office of the Clerk. They gave Mayor Kerkeslager a framed resolution and their "oath" to work together with Madison as sister cities to support education of children and cultural understanding between Marigliano and Madison on an ongoing basis.

Community Affairs

Mrs. Holden, Chair of the Committee, made the following comments:

Mrs. Holden thanked Mayor Kerkeslager for his remembrance of September 11, 2001, and mentioned that tomorrow, if anyone is available at 9 a.m., there will be a quiet remembrance at the memorial in James Park.

On Wednesday, September 12, 2007, at 6:30 p.m., the Chamber of Commerce will have a business card exchange at the Provident Bank.

On Friday, September 14, 2007, at 5 p.m., there will be a reception at Madison High School honoring Korean War Marine veteran and legendary Madison football coach Ted Monica; please wear your maroon and gold if you attend; the game can be enjoyed afterward.

On Monday, September 17, at 10:15 a.m., the Senior Center will begin their regular season of meetings, which will include a barbecue in the parking lot afterward.

Mrs. Holden called Council’s attention to an interesting and extensive article in the business section of yesterday’s Daily Record entitled "Morris’ fields of dreams"; it focused on artificial turf, its cost and potential savings to towns; Mrs. Holden passed the article around.

Utilities

Ms. Baillie, Chair of the Committee, made the following comments:

As Liaison to the Open Space, Recreation and Historic Preservation Advisory Committee, Ms. Baillie reported that the Council received from the State of New Jersey, Department of Environmental Protection, a letter indicating that the Madison United Methodist Church, 24 Madison Avenue, is being considered by the New Jersey State Review Board for Historic Sites for nomination to the New Jersey and National Registers of Historic Places. As the Liaison to the Open Space Advisory Committee, Ms. Baillie was very excited about this and wished them well, as this is one of the things that the Advisory Committee is encouraging; they put together a pamphlet on conservation easements and historic easements; it is nice to see a private entity looking to preserve its history.

Mr. Bowen, Chair of the Committee, no report.

Public Works and Engineering

Mrs. Vitale, Chair of the Committee, no report.

Finance and Borough Clerk

Mr. Elias, Chair of the Committee, made the following comments:

Last Thursday the Morris County Municipal Joint Insurance Fund (JIF) held its 20^th Anniversary event at Birchwood Manor; at that time, the JIF acknowledged Madison as one of the founding members for this program and presented Madison with a plaque and an attachment of a paper non-negotiable "check" in the amount of $3,562,121.00 representing the estimated savings Madison realized through its participation in JIF over the past 20 years. The JIF also specifically acknowledged and recognized for his hard work and many contributions to its success our very own Robert Kalafut, the Borough’s Chief Financial Officer; it is nice to see in this era of shared services one that really hit one out of the park and shows substantial benefits to the community.

Public Safety

Mr. Conley, Chair of the Committee, made the following comments:

Mr. Conley read a letter dated August 26, 2007, from Daisy Baker of Madison to Chief Atchison reporting that on Saturday, August 25^th, she returned from a walk to find one of her smoke detectors ringing away and the Police and Fire Departments already at her rental apartment; they soon found that one smoke detector was old and not in working order, though ringing non-stop; without delay, Firefighter Brian Tappan took care of the situation while calming the resident; he went back to the Fire Department and returned very quickly with a new, working smoke detector which he installed; Ms. Baker thanked the Borough for being there and said how very fortunate Madison is to have such wonderful protectors! Ms. Baker gave a special thanks to Brian Tappan, who left one very grateful resident. Mr. Conley reminded residents that seniors who need assistance with smoke detectors should contact the Fire Department, who will help out.

The Fire Department was dispatched to East Hanover last Friday evening for a hazardous materials call; Madison firefighters, along with other area departments, assisted Morris County Hazmat; a chemical substance was released into the sewer system and was considered highly combustible; a gas meter was utilized to take measurements and a decision was made to flush the system; the readings gradually dropped and safety was restored; firefighters were on the scene for approximately five hours.

COMMUNICATIONS AND PETITIONS - None

Mayor Kerkeslager opened the meeting to the public for their opportunity to ask questions and make comments. The Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less.

Sam Cerciello, Park Avenue, referred to the Daily Record article about Eastern Builders and Liberty Mutual, asked about who issued change orders, and spoke about his request for copies of records (OPRA request) made on September 6, 2007, for which he is still waiting; Mr. Mezzacca explained how change orders are approved. Mr. Cerciello made critical statements and gave out figures; he stated that these are his own statements and are his own opinions. Mr. Mezzacca explained that he himself negotiated with the surety and an agreement was made on September 4, 2007; the surety started today on takeover of the Fire & Police building project and have a completion date of 180 days from the signing of the agreement.

09/10/07-1 VISUALIZATION SOFTWARE DEMONSTRATION

Two members of the software company were present and gave a visual demonstration of uses of the software for planned development in Madison; the Downtown Development Commission (DDC) has offered $11,000.00 to purchase Phase 1 of the software; this amount does not include photos or tree streetscape renderings; the Council will get some written answers to questions such as what, if any, DDC action is required; future investments needed; how the program would be implemented in departments; how it would be carried forward in the budget; who would be responsible.

09/10/07-2 MADISON PUBLIC LIBRARY CAPITAL BUDGET REQUEST FOR COMPLETION OF DRAINAGE SWALE DESIGN PHASE

After a summary given by Library Trustee Mark Sheeleigh and Council comments, Mrs. Holden moved approval of the Library request to transfer $35,000.00 from the previously approved Library parking lot realignment study to the drainage ditch/swale stabilization design work, and increase funding by $24,000.00 to $142,000.00. Ms. Baillie seconded the motion, which passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

An ordinance is listed for introduction later in the meeting.

09/10/07-3 DRAINAGE AGREEMENT TOWNSHIP OF CHATHAM

Mr. Codey gave a summary of the request to authorize the Borough of Madison/ Chatham Township Interlocal Drainage Agreement; Mr. Codey spoke of a recent meeting with Councilwoman Vitale, Borough Engineer Robert Vogel and Borough Attorney Joseph Mezzacca, when Mr. Mezzacca was asked to finalize the subject agreement.

Mrs. Holden moved approval of the Drainage Agreement with the Township of Chatham. Mrs. Vitale seconded the motion, which passed by voice vote.

A resolution so authorizing is listed on the Consent Agenda.

09/10/07-4 CABLEVISION ORDINANCE

After comments by Mr. Mezzacca including that this ordinance gives Madison much more control over broadcasting meetings, Mr. Bowen moved approval of the Cablevision ordinance. Mrs. Vitale seconded the motion, which passed by voice vote.

An ordinance is listed for introduction later in the meeting.

09/10/07-5 AMEND ORD 7-2007 TO INCREASE FUNDING TO $50,000.00 TO PURCHASE NEW ENCLOSED GENERATOR FOR THE NORTH STREET SEWER PUMP STATION

Mr. Bowen moved approval of Superintendent of Public Works David Maines’ request for $50,000.00 to purchase a new enclosed generator for the North Street Sewer Pump station. Mrs. Holden seconded the motion, which passed by voice vote.

An ordinance is listed for introduction later in the meeting.

09/10/07-6 FIRE DEPARTMENT PAGERS

Mr. Conley moved approval of Fire Chief Atchison’s request to appropriate $6,000.00 from the Fire Department Trust Account for Fire Department pagers. Mrs. Holden seconded the motion. Pagers are needed for members in the volunteer division; current pagers are 10 years old and in need of replacement. There was no further discussion and the motion passed by voice vote.

An ordinance is listed for introduction later in the meeting.

Ms. Baillie moved approval of Construction Code Official Russell Brown’s request to change plumbing subcode fees from 68% of the state fee schedule to 100% of the state fee schedule, and establish a minimum plumbing permit fee as previously recommended in 2006. Mrs. Holden seconded the motion, which passed by voice vote.

An ordinance is listed for introduction later in the meeting.

09/10/07-8 SUPPORT APPLICATION FOR FUNDING THROUGH THE DCA BALANCED HOUSING PROGRAM FOR THE DEVELOPMENT AT 22 CENTRAL AVENUE

Mrs. Vitale moved approval of Housing Authority Executive Director Louis A. Riccio’s recommendation to support the application for funding through the DCA Balanced Housing Program for the development at 22 Central Avenue. Mr. Conley seconded the motion, which passed by voice vote with Mr. Bowen abstaining.

A resolution is listed on the Consent Agenda.

09/10/07-9 RELEASE OF UP TO $500,000 FROM THE HOUSING TRUST FUND FOR THE DEVELOPMENT OF THE FIREHOUSE APARTMENTS IN ACCORDANCE WITH THE APPROVED SPENDING PLAN

Mrs. Vitale moved approval of Housing Authority Executive Director Louis A. Riccio’s request for approval to release up to $500,000.00 from the Housing Trust Fund for the development of the firehouse apartments (22 Central Avenue) in accordance with the approved spending plan. Mr. Conley seconded the motion, which passed by voice vote with Mr. Bowen abstaining.

A resolution will be listed on the September 24, 2007 Consent Agenda.

09/10/07-10 AMEND HISTORIC PRESERVATION ORDINANCE TO INCLUDE BOTTLE HILL HISTORIC DISTRICT

The Borough of Madison was notified by letter dated January 18, 2005, from the State of New Jersey Department of Environmental Protection that the Bottle Hill Historic District, James Park, Madison Borough, Morris County was entered onto the New Jersey Register of Historic Places on December 7, 2004. It was then sent to the National Park Service, U.S. Department of the Interior, Washington, D.C., to be considered for inclusion on the National Register of Historic Places.

The Madison Planning Board, on Tuesday, August 7, 2007, recommended that the Madison Governing Body adopt by ordinance the inclusion of the Bottle Hill Historic District in the Historic Preservation Ordinance.

Mrs. Vitale moved approval of the Planning Board recommendation. Mrs. Holden seconded the motion, which passed by voice vote.

An ordinance will be listed for introduction on the September 24, 2007 agenda.

09/20/07-11 Madison Borough – Sewer Ordinance

This ordinance was prepared by the Environmental Attorney and reviewed by Mr. Mezzacca. Mrs. Vitale moved approval of listing the Sewer Ordinance for introduction. Mr. Conley seconded the motion. There was discussion as to exactly what is prohibited and allowed to be introduced into the sewer system; things identified as questions should be taken back to the Joint Meeting for clarification; as to enforcement, how to identify someone who violates the ordinance; how it is intended to be enforced; the Superintendent of the Joint Meeting has the right to notify an owner to stop an actual discharge; upon advanced notice to the Borough, the Health Department could be notified; the recommendation to use the word "shall" rather than "may" within the ordinance as to enforcement by the Health Department was recommended.

At the conclusion of discussion, the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Ordinance 62-2007 is listed for introduction later in the meeting.

Mayor Kerkeslager opened the meeting to the public for their opportunity to ask questions and make comments. The Mayor asked that, upon recognition by the Chair, the person shall proceed to the lectern and give his/her name and address in an audible tone of voice, and print the same on the sheet provided for the record. He/she shall limit his/her statement to three (3) minutes or less.

Eugene Zipper, Greenwood Road, gave suggestions for improving acoustics in the Council Chamber, such as moving the public chairs much closer to the Council table; the poor audio in this room has been allowed to persist. Mr. Zipper spoke of the Cablevision ordinance, which is non-exclusive, and reported his dissatisfaction with Cablevision’s airing of Council Meetings on the public access channel. Mr. Zipper spoke about the Land Development Ordinance regarding fees; he felt the fees would be passed on to the consumer by the developer, so was not in favor of the ordinance.

Sam Cerciello, Park Avenue, made lengthy statements critical of many aspects of the Fire & Police building project inside and outside; Mr. Mezzacca responded that the Borough is proceeding to get the building finished and will proceed to do whatever else needs to be done after that.

Mayor Kerkeslager announced that on Bottle Hill Day, the Borough plans to have an open house at the new Fire & Police building where the general public may come and see for themselves where we stand; so Mayor Kerkeslager encouraged everyone coming for Bottle Hill Day to go over to the new building that day.

Donald Brunner, Redmond Drive, thanked Mr. Codey for information on the towing fees; asked why the towing fees were raised; he was advised that the Police Department has to maintain availability of towers in town; the Borough raised the rates at the request of the Police Department because the State Police rates went up and that is the rate the towers receive elsewhere.

Jim McCloskey, Dean Street, mentioned that he comes to the Council meetings quite regularly, and complimented Mr. Elias on his statements as to thorough actions and investigations taken at the direction of the Mayor and Council in regard to the Fire & Police building. As to the subject of acoustics in the Council Chamber, the Mayor’s microphone works well and the audience can hear well; when Council Members speak into the microphones, they can be heard; he recommended another microphone at the lectern.

The Clerk made the following statement:

Ordinance 59-2007 scheduled for hearing tonight was submitted in writing, was introduced by title and passed on first reading at a Regular Meeting of the Mayor and Council held on August 13, 2007; the balance of ordinances scheduled for hearing tonight were submitted in writing, introduced by title, and passed on first reading at a Regular Meeting of the Mayor and Council held on August 27, 2007; each was published in the Madison Eagle and made available to members of the general public requesting same.

The Mayor called up Ordinances for second reading and asked the Clerk to read said ordinances by title:

  WHEREAS, the Madison Planning Board previously recommended that the Madison Land Development Ordinance be amended to provide for the collection of affordable housing development fees in regard to eligible development projects within the Borough; and

WHEREAS, the Borough Council adopted Ordinance 19-2005, modified by Ordinance 36-2007, which was codified as Article VIII of the Madison Borough Code entitled "Affordable Housing Development Fees", Section 195-46; and

WHEREAS, Ordinance 19-2005, as modified by Ordinance 36-2007, contained inconsistencies and did not fully comply with the provisions of N.J.A.C. 5:94-6.1 et seq.; and

WHEREAS, the Borough Attorney has recommended that the Borough adopt a replacement for Section 195-46 that will comply with the requirements of N.J.A.C. 5:94-6.1 et seq., and that such Ordinance shall be submitted to the Council on Affordable Housing for their approval pursuant to law.

NOW, THEREFORE, BE IT ORDAINED, by the Council of the Borough of Madison, County of Morris, State of New Jersey that:

SECTION 1: Article VIII, Section 195-46 of the Borough Code, entitled "Affordable Housing Development Fees" shall be completely replaced with the following:

 ARTICLE VIII

 Section 195-46: Affordable Housing Development Fees

 A. Purpose.

(1) In Holmdel Builder’s Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the Council on Affordable Housing’s (COAH’s) adoption of rules. This ordinance establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH’s rules. Fees collected pursuant to this ordinance shall be used for the sole purpose of providing low- and moderate-income housing. This ordinance shall be interpreted within the framework of COAH’s rules on development fees.

 

B. Basic requirements

 

(1) The Borough of Madison shall not spend development fees until COAH has approved a plan for spending such fees and the Borough of Madison has received third round substantive certification from COAH or a judgment of compliance.

 

C. Definitions

 

(1) The following terms, as used in this ordinance, shall have the following meanings:

 

(a) "Affordable housing development" means a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100 percent affordable development.

 

(b) "COAH" means the New Jersey Council on Affordable Housing.

 

(c) "Development fee" means funds paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH’s rules.

 

(d) "Equalized assessed value" means the value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal tax assessor.

 

 

D. Residential Development fees

 

(1) Within all zoning districts(s) Developers of new residential housing, which shall include any residential development on an existing lot on which a former residential structure was located, within the Borough shall pay a fee of one percent of the equalized assessed value for residential development, provided no increased density is permitted.

 

(2) When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers may be required to pay a development fee of six percent of the equalized assessed value for each additional unit that may be realized. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

 

(3) No fee shall be charged pursuant to this section for any addition or improvement to an existing residential structure, so long as such addition or improvement does not increase the equalized assessed value of the existing structure, as of the date hereof, by more than 50%.

 

 

E. Non-residential Development fees

 

(1) Within the all zoning district(s), non-residential developers shall pay a fee of two percent of the equalized assessed value for non-residential development

 

(2) If an increase in floor area ratio is approved pursuant to N.J.S.A. 40:55D-70d(4), then the additional floor area realized (above what is permitted by right under the existing zoning) will incur a bonus development fee of six percent of the equalized assessed value for non-residential development. However, if the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base floor area for the purposes of calculating the bonus development fee shall be the highest floor area permitted by right during the two-year period preceding the filing of the variance application.

 

 

 

F. Eligible exactions, ineligible exactions and exemptions

 

(1) Affordable housing developments shall be exempt from development fees. All other forms of new construction shall be subject to development fees unless exempted below.

 

(2) Developments that have received preliminary or final approval prior to the imposition of a municipal development fee shall be exempt from development fees unless the developer seeks a substantial change in the approval.

 

(3) Subject to the provisions of §195-46(D)(3), development fees shall be imposed and collected when an existing structure is expanded or undergoes a change to a more intense use. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

 

(4) Developments that are providing for growth share or greater affordable housing pursuant to §195-48 and are subject to §195-48 shall not be subject to the development fee pursuant to this §195-46.

 

G. Collection of fees

 

(1) Fifty percent of the development fee will be collected at the time of issuance of the building permit. The remaining portion will be collected at the issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at building permit and that determined at issuance of certificate of occupancy.

 

H. Contested fees

 

(1) Imposed and collected development fees that are challenged shall be placed in an interest bearing escrow account by the Borough of Madison. If all or a portion of the contested fees are returned to the developer, the accrued interest on the returned amount shall also be returned.

 

I. Affordable Housing trust fund

 

(1) There is hereby created a separate, interest-bearing housing trust fund for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls. All development fees paid by developers pursuant to this ordinance shall be deposited into this fund.

 

(2) Within seven days from the opening of the trust fund account, the Borough of Madison shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:94-6.16(b).

 

(3) No funds shall be expended from the affordable housing trust fund unless the expenditure conforms to a spending plan approved by COAH. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.

 

J. Use of funds

 

(1) Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the municipal fair share. Such activities include, but are not limited to: rehabilitation, new construction, RCAs subject to the provisions of N.J.A.C. 5:94-4.4(d), ECHO housing, purchase of land for affordable housing, improvement of land to be used for affordable housing, purchase of housing, extensions or improvements of roads and infrastructure to affordable housing sites, financial assistance designed to increase affordability, or administration necessary for implementation of the Housing Element and Fair Share Plan. The expenditure of all funds shall conform to a spending plan approved by COAH.

 

(2) Funds shall not be expended to reimburse the Borough of Madison for past housing activities.

 

(3) After subtracting development fees collected to finance an RCA, a rehabilitation program or a new construction project that are necessary to address the Borough of Madison affordable housing obligation, at least 30 percent of the balance remaining shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30 percent or less of median income by region.

 

(a) Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, and rental assistance.

 

(b) Affordability assistance to households earning 30 percent or less of median income may include buying down the cost of low or moderate income units in the third round municipal Fair Share Plan to make them affordable to households earning 30 percent or less of median income. The use of development fees in this manner shall entitle the Borough of Madison to bonus credits pursuant to N.J.A.C. 5:94-4.22.

 

(c) Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

 

(4) The Borough of Madison may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:94-7.

 

(5) No more than 20 percent of the revenues collected from development fees each year, exclusive of the fees used to fund an RCA, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20 percent of the revenues collected from development fees shall be expended for such administrative expenses. Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH’s monitoring requirements. Development fee administrative costs are calculated and may be expended at the end of each year or upon receipt of the fees.

 

K. Monitoring

 

(1) The Borough of Madison shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, and funds from the sale of units with extinguished controls, and the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.

 

L. Ongoing collection of fees

 

(1) The ability for the Borough of Madison to impose, collect and expend development fees shall expire with its substantive certification on December 31, 2014 unless the Borough of Madison has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH’s approval of its development fee ordinance.  If the Borough of Madison fails to renew its ability to impose and collect development fees prior to December 31, 2014, it may resume the imposition and collection of development fees only by complying with the requirements of  N.J.A.C. 5:94-6.  The Borough of Madison shall not impose a development fee on a development that receives preliminary or final approval after the expiration of its substantive certification on December 31, 2014 nor will the Borough of Madison retroactively impose a development fee on such a development.  The Borough of Madison will not expend development fees after the expiration of its substantive certification on December 31, 2014.

 

SECTION 2: This ordinance shall take effect as provided by law.

Mayor Kerkeslager opened the hearing on the above ordinance and asked if anyone wished to be heard. Since no member of the public wished to be heard, the public hearing was closed.

Mrs. Vitale moved that Ordinance 59-2007, which the Clerk read by title, be finally adopted. Mr. Elias seconded the motion. Mr. Bowen was recognized by the Chair and expressed concerns and frustrations with sweeping state mandates that are largely outside of local control; therefore, he abstained as to approval of this ordinance. There was no further Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Abstain: Mr. Bowen

Mayor Kerkeslager declared Ordinance 59-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law.

ORDINANCE OF THE BOROUGH OF MADISON AMENDING CHAPTER 34 OF THE BOROUGH CODE ENTITLED "POLICE DEPARTMENT" TO REORGANIZE THE COMPOSITION OF THE POLICE DEPARTMENT

 

WHEREAS, the Borough Chief of Police has recommended that Chapter 34 of the Borough Code entitled "Police Department" be amended to reorganize the composition and staffing of the Police Department; and

WHEREAS, the Borough Council agrees with this recommendation.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey that Chapter 34 of the Borough Code entitled "Police Department" shall be amended as follows:

SECTION 1: Section 34-1 entitled "Department established; composition" is hereby amended to read as follows:

§ 34-1. Department established; composition.

 

The Police Department of the Borough of Madison is hereby established and shall consist of a Chief of Police, and shall have one Captain, and shall have not more than three Lieutenants, not more than six Sergeants, and not more than 25 Patrol Officers, provided the full number of police officers shall not exceed 36 including the Chief of Police, and not more than two Class II special police officers as the Borough Council may from time to time appoint as requested by the Chief of Police.

 

SECTION 2: This Ordinance shall take effect as provided by law.

Mayor Kerkeslager opened the hearing on the above ordinance and asked if anyone wished to be heard. Since no member of the public wished to be heard, the public hearing was closed.

Mr. Conley moved that Ordinance 60-2007, which the Clerk read by title, be finally adopted. Mrs. Holden seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Mayor Kerkeslager declared Ordinance 60-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law.

WHEREAS, the Borough of Madison adopted § 14-1 and § 14-2 of the Code of the Borough of Madison which provides for reimbursement of legal fees, in limited circumstances, to employees of the Borough who incur these expenses arising out of their employment with the Borough; and

WHEREAS, it is in the best interests of the Borough to amend these sections in order to clarify the limitations and to provide that, in the event that the Borough indemnifies a municipal employee, the amount of such indemnification for attorneys fees shall be limited to a reasonable hourly rate not to exceed the hourly rate which the Borough compensates its Borough attorney.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Borough of Madison, in the County of Morris and State of New Jersey as follows:

(1) The last sentence of § 14-1 shall be replaced with: "The Borough Attorney or other attorney selected by the Borough Council shall represent the borough official or employee, at a cost not to exceed the hourly rate which the Borough compensates its Borough Attorney."

(2) Section 14-2 of the Code of the Borough of Madison shall be amended and replaced in its entirety as follows:

The Borough shall not defray the costs of defending any criminal action against any municipal employee except as may be authorized by state statute or other municipal ordinance or resolution of the Borough of Madison, and, in those circumstances, the responsibility for defraying the costs of defending such employee shall be applicable only when such criminal proceedings shall have been dismissed or result in a final disposition in favor of the employee. Further, in the event that the Borough indemnifies the employee, the cost of that indemnification shall not exceed the hourly rate paid to the Borough attorney. Nonetheless, should the Borough Council determine that there is good cause to dismiss the employee arising out of the incident or related incidents of the criminal prosecution, the Borough will not reimburse the employee or official for legal defense and costs of defending the suit, even though criminal proceedings against the employee may be dismissed or the employee found not guilty.

(3) Section 14-4 of the Code of the Borough of Madison shall be amended and replaced in its entirety as follows:

14-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

OFFICIAL OR EMPLOYEE -- Any person elected, appointed or employed, paid or unpaid, in any way connected with the municipal government of the Borough of Madison, except for persons appointed to committees having no powers other than to advise. Employee shall include all persons on the municipal payroll.

(4) Repealer. All Ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only however, to the extent of such conflict or inconsistency, it being the legislative intent that all Ordinances or part of ordinances now existing or in effect unless the same being conflict or inconsistent with any provision of this Ordinance shall remain in effect.

(5) Severability. The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand not withstanding the invalidity of any part.

(6) This Ordinance shall take effect upon passage and publication as provided by law.

(7) The Borough Clerk and the Borough Attorney are authorized and directed to change any Chapter, Article and/or Section numbers of the Code of the Borough of Madison, in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

Mayor Kerkeslager opened the hearing on the above ordinance and asked if anyone wished to be heard. Since no member of the public wished to be heard, the public hearing was closed.

Mr. Bowen moved that Ordinance 61-2007, which was read by title, be finally adopted. Ms. Baillie seconded the motion. There was no Council discussion and the motion passed with the following roll call vote recorded:

Yeas: Mrs. Holden, Ms. Baillie, Mr. Bowen
Mrs. Vitale, Mr. Elias, Mr. Conley

Nays: None

Mayor Kerkeslager declared Ordinance 61-2007 adopted and finally passed and asked the Clerk to publish notice thereof in the newspaper and file the ordinance in accordance with the law.

The Clerk made the following statement:

Ordinances being introduced at this meeting will have a hearing at a Regular Meeting of the Council scheduled for September 24, 2007, at 7:45 p.m. or as soon as practical thereafter, except for Ordinance 64-2007, which will have a hearing at the Regular Meeting of the Council scheduled for Wednesday, October 10, 2007, at the same time and place of customary meetings of the Council, when interested parties will have an opportunity to be heard; each ordinance will be published, posted and made available to members of the public.

Mayor Kerkeslager called up ordinances for introduction and asked the Borough Clerk to read said ordinances by title: